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25. Answer: Bill
suggested that I protest the hearing itself which did not comply with a
number of aspects of what is now rule 63
(hearings). For starters, as a party, I was entitled to
- be
present throughout the hearing of all evidence (63.3a)
- give
evidence (63.6)
- question
anyone giving evidence (63.6)
And
nowhere in the rules does it say that I have to go find the person I'm
protesting!
.....
I
could also have asked to have the hearing re-opened (rule 66), pointing out the "significant
errors" made by the protest committee as listed above, but see the kind
corrections given by Helmut below. Nowadays,
my best/only course of action would be to request redress - see 60.1(b) and 62 - something
I had no idea even existed in 1979 ...
.....
My
procedure in asking for the decision (65.1)
in writing (65.2), would be to
request this, in writing, within seven days of being informed of the
decision.
.....
What
ultimately happened at Tawas was that I was asked to submit a written
protest re: the way the hearing was run, to the organizing committee,
i.e. the USWA Commodore and the CWA Chairman. They decided that the
whole protest should be re-heard with a different committee. This
happened on Sunday afternoon after the racing, and the new protest
committee ruled the same way as in Case #24
of this quiz.
Al's note: Helmut Czasny of
ISAF has kindly pointed out that under the current RRS, what I had to
do was request "redress" under rule 62.
See email below:
-----
Original Message -----
Sent:
Friday, May 09, 2008 4:28 AM
Dear Jos
...On Al’s
website http://www.wayfarer-international.org/WIT/race.related/RacingRulesOfSailing/RulesQuiz/Case25ans.htm
you’ll find that he’s suggesting that a competitor should protest a
hearing procedure. Reading
rule 60.1 it clearly states that a boat can either (a) protest another
boat … or (2) request redress. No reference to rule 62 which is the
only appropriate rule IMHO is given. Reopening in this case is more
likely as an action by the PC than as a request by a competitor – which
new facts the competitor should provide if the PC denied almost all
rights given in 63.3, 63.5, 63.6 and 65.
This case as
shown on his website does not comply with any ISAF documents.
Helmut
.....
Case #26
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